Navigating the evolving landscape of special education law can feel overwhelming for families and educators alike. In a recent webinar presented in collaboration with the Autism Society of the Inland Empire, our Managing Attorney for Public Benefits, Isabel Torres broke down the latest changes and offered practical guidance on what these updates mean for students, parents, and schools. From new requirements to expanded protections, the discussion highlighted how these laws are shaping access to education and support services. Below, we’ve recapped the key changes to help you understand what’s new and how they may affect your child or community.
AB 438: Transition planning now starts when students begin high school
Starting July 1, 2025, Individualized Education Programs (IEPs) teams must consider and include measurable post‑secondary goals and corresponding transition services as early as a student’s first high school IEP, if deemed appropriate—rather than waiting until age 16 as previously mandated. The IEP teams can still choose to wait until age 16. However, they should justify the delay.
Why it matters: This promotes earlier, proactive planning for postsecondary education, employment, and independent living.
At a Glance: It was previously required to have transition services available to students by the age of 16. Now, it must be considered whether planning should start at age 14 or if the IEP team must justify delay of implementation until age sixteen.
AB 1938: Stronger protections for deaf and hard-of-hearing students
By July 1, 2025, schools and local educational agencies implementing inclusion or Universal Design for Learning (UDL) must now consider the full language and communication needs of students who are Deaf, hard of hearing, or Deaf-blind (ages 0–22). IEP teams must address language access, direct peer and professional communication in the student’s mode, academic level, and review placement and services options.
At a Glance: There is a new requirement that Local Education Agencies must consider full language-access needs that covers deaf, hard of hearing, and deaf-blind students.
AB 2173: “Emotional disability” can now replace “emotional disturbance”
As of January 1, 2025, California state law allows the term “emotional disability” to be used instead of “emotional disturbance,” when categorizing the child in one of the thirteen federal categories for eligibility for an IEP.
Why it matters: This is less stigmatizing and more respectful language.
SB 483: Prone restraints are now banned in all educational settings
Effective January 1, 2025, California bans the use of prone restraint—a behavioral control technique involving physically restraining a student face-down—for any duration in all educational settings. This includes removing the prior emergency-use exception for students with special needs. This applies to any school employee or service provider working with the student in public schools, charter schools, non-public schools, and agencies.
Why it matters: Named after Max Benson, a 13-year-old who lost their life after being held in a prone restraint in 2018, aligning California with over 30 states that have banned the practice.
At a Glance: Bans prone (face-down) restraints in all education settings.
SB 939: Schools must post neurodiversity resources online
As of January 1, 2025, SB 939 requires the Superintendent of Public Instruction to post and annually update statewide neurodiversity resources and notify all Local Education Agencies (LEAs). Starting in the 2025–26 school year, each school district and charter school must post these resources on their websites. Furthermore, the state’s anti-bullying training must include strategies for supporting neurodivergent students.
At a Glance: The California Department of Education must post resources online and districts must link to them. This includes bullying prevention for neurodivergent students.
Literacy & Dyslexia – UC|CSU Collaborative
Reliable Resources
•California Department of Education (CDE) : https://www.cde.ca.gov
•California Legislative Information: https://leginfo.legislature.ca.gov
•Disability Rights California: https://www.disabilityrightsca.org